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BANK OF N.Y. MELLON v. DeLONEY

2018-04854. Index No. 504313/13.

197 A.D.3d 548 (2021)

153 N.Y.S.3d 64

2021 NY Slip Op 04655

Bank of New York Mellon, Respondent, v. Roger DeLoney, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 11, 2021.

Attorney(s) appearing for the Case

Roger DeLoney, Brooklyn, NY, appellant pro se.

Druckman Law Group PLLC, Westbury, NY ( Richard J. Pelliccio of counsel), for respondent.

Chambers, J.P., Hinds-Radix, Duffy and Iannacci, JJ., concur.

Ordered that the amended order and judgment of foreclosure and sale is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Roger DeLoney, to strike his answer, and for an order of reference are denied, and the order dated September 27, 2016, is modified accordingly.

In June 2013, the plaintiff, a successor in interest to

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